Frequently Asked Questions About Hiring a Lawer
How do I know which lawyer to trust?
What should I look for when considering hiring a lawyer?
How should I find a lawyer?
Is there normally a contract to sign when I hire a lawyer?
What can I expect when I hire a lawyer?
Do all attorneys cost about the same amount?
Why are attorneys’ fees so high?
How do attorneys set their fees?
Do attorneys have different ways to charge for their services?
Can I use a credit card to pay for attorneys fees?
What do I do if I don’t think my attorney is doing a good job?
What if I can’t get a hold of my attorney?
What if my attorney won’t give me back my papers?
​Can I fire my attorney at any time?
​How do I file a complaint against an attorney?

Hiring a Lawyer

How do I know which lawyer to trust?

It always helps to have a referral from someone whose opinion you respect.  However, attorneys are often called to deal with private matters and sometimes you don’t want to ask a friend for a referral for that reason.  What’s important is the connection you have with a person.  Trust is often a byproduct of comfort, competence, and integrity.  It is natural to trust someone when you feel comfortable in their presence, you’re impressed with their competence, and that person exhibits integrity. 
 
Seeing an attorney interact with other people, including clients, colleagues, staff, strangers, and friends is the best way to form an initial impression.  This might happen in a courtroom, at a community event, at a seminar or fundraiser, in a restaurant or bookstore – just about anywhere!
 
Meeting an attorney personally and outside of a consultation is really effective in further developing that impression. 
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What should I look for when considering hiring a lawyer?

Here are some other considerations to keep in mind when looking for an attorney:
  • Does the attorney or law office have a website, blog, LinkedIn profile, or other social media presence where you can get an impression of the individual or the office culture?  This is an opportunity to find out more about the attorney’s personality, work experience, community service, and other activities.
  • Does the attorney write or present seminars on the subject areas (s)he practices?  This is an indication of a focused
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​How should I find a lawyer?

​Finding a lawyer should be a multi-step process. First, collect several names of lawyers you are interested in.  Secondly, do some initial research before contacting them.  I suggest contacting two or three law offices before selecting one to hire.
 
Step 1- Here is a list of ways you can find lawyers in your area:
  • Use an internet search engine like Google to run a general search for a lawyer near you.  Remember to include your town or zip code, the word “lawyer” or “attorney”, and possibly the specific practice area you need. 
  • Call your local chamber or commerce or Better Business Bureau for a referral.
  • All states have state bar associations and many counties have local bar associations with referral hotlines. Bar associations are member-based organizations for attorneys.  There are also ethnic bar associations.
  • Large national organizations also provide referrals.  Some are not-for-profit while others are for-profit companies.  For-profit companies tend to list attorneys who have paid for a member listing while not-for-profit companies tend to list attorneys who have been approved for membership.
  • Look within your community.  Banks and restaurants will sometimes present referrals for local business persons.  Some churches have advertisements in their church bulletins.  Community bulletin boards may contain information about local business seminars. Local newspapers, periodicals, and legal publications may have articles written by attorneys.  Your accountant or financial advisor may be able to refer you to someone they trust.
  • Look for law office signs as you drive through your community. You might be surprised at how many you never noticed before.
  • Ask relatives, friends, or neighbors.
 
Step 2- Research.  Try to get an initial impression of the lawyer before you talk to him or her. Do they have a website? Are they speaking at any upcoming seminars?  Is the person who answers the office phone friendly?
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​Is there normally a contract to sign when I hire a lawyer?

​Many lawyers use a written engagement agreement (sometimes called a representation agreement) to outline the terms of your attorney-client relationship.  I strongly urge you to hire an attorney who uses engagement agreements customarily.  The contract sets forth the expectations and obligations of each party and informs you of the important office policies.  It also serves as a record of fees quoted and work to be performed.
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​What can I expect when I hire a lawyer?

​You should expect the attorney to always be acting in your best interest and advise you accordingly, even against his or her own business interest.  Attorneys, unlike other professionals, are obligated to a standard of care that is entirely unbiased and their law licenses are jeopardized for such violations.

You should expect the attorney to answer your questions and explain your rights and options.  While your attorney can and should advise you based on his or her knowledge and experience, decisions about pursuing your legal matter or the progress of your case are always yours to make.  The attorney is charged with making decisions about the best strategies to use on your behalf once you decide the end result desired.

You can expect an attorney who works full-time to have a full schedule and be handling 1-2 dozen ongoing cases at any given time.  Some, but fewer, attorneys manage 3 dozen cases at a time and government attorneys are often responsible for many more, which is one reason the process can feel painfully slow.  All of the attorneys I know would like to return their calls and/or work on their clients’ files sooner.  An attorney’s calendar is typically segmented with time in court, time in business meetings, time in continuing legal education seminars, time in client conferences (by telephone or in person), travel time, and time working on a case.  Solo or small firm attorneys sometimes have additional administrative responsibilities for billing and accounting. 
 
Progress on your matter will depend on the type of legal matter and how many other parties are involved.  Is there a court calendar to contend with?  Opposing counsel?  Co-counsel?  Some services take several weeks to complete while other more complex issues can take years.  Communication is key in managing time frames and you should ask your lawyer to estimate a realistic time frame for your matter.

Unless you have a flat fee arrangement, you can expect the attorney to bill you for all the time spent on behalf of your case.  It is not uncommon to be charged for time spent on the telephone regardless of who called whom (even if there was only a message left), for every email sent or received, for time spent traveling on behalf of your case, or for text messages sent or received.  Some attorneys also charge separately for copy, fax, and courier fees.  The billing policy and procedure should be outlined in the engagement agreement.
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Fees

​Do all attorneys cost about the same amount?

o.  A primary factor determining attorneys’ rates is geographic location.  City attorneys tend to be more expensive than suburban or small town lawyers who practice in the same field but the cost of overhead for them also tends to be much higher. 
 
Different areas of practice tend to have different fee and rate schedules as well which will take into account the relative complexity of the practice area in question, the frequency of changing legislation, and the supply and demand of lawyers and cases available in that field.  In some instances, attorneys’ rates and fees are limited by statute or a judge.
 
More experienced attorneys will charge more than less experienced attorneys but remember that doesn’t necessarily equate to a better attorney.  One validly licensed attorney should be as competent as the next to perform legal services; however, it may surprise you that malpractice insurance rates increase as an attorney continues to be actively licensed.  With added years of experience comes busier schedules and more obligations, and the statistics indicate that errors are more likely.  More experience may be worth the additional cost but it also may not be.  The style and organizational skills of an attorney will determine whether his or her additional experience is worth the premium.
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​Why are attorneys’ fees so high?

The hourly rate of an attorney does not just pay the attorney’s wages, but it is also the basis of income to the law office in general.  As in any other business, costs will vary depending on the location and size of the office, the relative use of technology within the firm, and the extent of investment in business development.  Consider the following expenses that are need to be supported through attorneys fees in a typical law firm:
  1. Business overhead including rent, utilities, advertising, office supplies and equipment, cleaning services, business registration fees, premises liability insurance, bar association dues, etc.
  2. Annual personnel expenses such as malpractice premiums, association membership dues, professional registration fees, continuing legal education costs, etc.
  3. Payroll liabilities and wages for support staff which may include law clerks, paralegals, administrative assistants or receptionists. 
Remember, when paying attorneys fees the value received is often intangible in terms of the stress relieved from appearing before the court pro se or the time saved by being represented by an attorney.  This is in addition to any financial gain you may incur (if applicable in your case.)  With transactional legal services (attorneys fees for services that do not include court involvement,) the value received is typically much greater than the cost of fees.  For example, a properly executed estate plan can save thousands of dollars in taxes or probate costs.  A buyer or seller of a business venture or of real estate can avoid thousands of dollars in losses in the event of an unforeseen dispute.  Most people would not describe attorney’s fees as cheap but with these considerations in mind; many people would agree they are reasonable.
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​How do attorneys set their fees?

​A portion of the hourly rate is based on the costs explained above.  Note that in the above answer, the wages to the attorney are not yet included.  An individual attorney’s wage base rate usually considers factors such as field experience, level of education attained, reputation, credentials, and the complexity of his or her particular practice area(s).  There is a higher sta responsibility on the attorney to advocate on your behalf even.
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​Do attorneys have different ways to charge for their services?
Yes.  There are several types of payment terms and two main types of billing methods. 
 
Contingency fees are fees paid only if you prevail.  They are most commonly calculated as a fixed percentage of the monetary amount awarded in a case, for example, one third of the judgment.  It is important to understand exactly from which amount the contingency fee will be calculated monies awarded in your case can be categorized differently.  Typically, any costs of litigation are advanced by the law firm on your behalf and repaid out of the award.  Also, in many contingency fee cases, the law firm reserves the right to collect fees from the client for the amount of time spent on the case if the firm gets fired before the end of the case.  Contingency fee arrangements are commonly used in personal injury lawsuits.
 
An alternative method is payment by retainer.  A retainer is a payment made to the attorney in advance of work.  If a retainer is required, it is important to know which type of retainer is being collected from you.  The main difference between different types of retainers is the timing of when the retainer payment actually belongs to the attorney as income.  Your payment may not be refundable once ownership of the money transfers to the attorney or the law firm.  In Illinois, three types of retainers were identified by the court in the case v. Dowling:
1.  Classic retainer
Classic retainers secure the availability of the lawyer during a specific period or for a specific matter.  Ownership of the retainer passes immediately to the lawyer whether or not any services are actually performed.  This payment is not deposited into a client trust fund account and is not subject to refund.

2.  Advanced payment retainer
An advance payment retainer is a present payment to the lawyer in exchange for the commitment to provide legal services in the future.  Ownership of this retainer passes to the lawyer immediately upon payment.  This payment is not deposited into a client trust fund account but it is subject to refund any sums ultimately not earned. 

3.  Security retainer
A security retainer is not a present payment for future services; rather, the funds remain the client’s property until applied to charges for services actually rendered. 
 
The two most common types of billing methods are known as time-based billing and flat fee billing.
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            Time-based billing calculates the amount of time spent on your case multiplied by the appropriate hourly rate.  The time tracked may include time spent by the attorney, paralegal, administrative assistant, or law clerk.  The attorney may have different hourly rates for time spent in court and/or travel time.  Different attorneys in the same firm may also have different hourly rates, usually based on credentials.  T8ime is usually billed in units of an hour.  That means that an hour is divided into a number of equal units, e.g. 4 units of 15 minutes, 6 units of 10 min., or 10 units of 6 min.  The amount of consecutive time spent on your case at a time is charged by the unit. For example, if tenths of the hour units are used by the law office and you have a 14 minute phone call, the charge is 3 units of an hour multiplied by the hourly rate.  ($ hourly rate X .03 = $ charge).

Also, the office may have policy of minimum billing rates for certain tasks.  That means the minimum number of units charged is pre-determined but if the task exceeds the minimum unit rate, then the actual amount of time is considered. 
With time-based billing, costs advanced to third party vendors are always charged separately.  Some law offices will also charge separately for document copies, faxes, postage, and mileage.

     Flat fee billing is a package price for a set description of services.  It is important to understand what is and is not included.  Often, there is a limited number of rev8isions, court appearances, or documents included.  Additional time spent outside the scope of work may incur additional charges.  Costs advanced to other vendors such as filing fees, recording fees, court costs, etc. may or may not be included in the package.
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​Can I use a credit card to pay for attorneys fees?

​Payment by credit card is not yet the norm in the legal industry but it is becoming more common.  Some attorneys who accept credit cards for payment of legal services may not offer credit card payments for retainers.  You should inquire for clarification.
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Having trouble with a lawyer you hired

​What do I do if I don’t think my attorney is doing a good job?

​Communication is the key to understanding any situation.  If you have concerns about the status of your case, take time to write down all the questions you have about the disconcerting issue. There are usually good reasons for unfavorable circumstances but many times the reasons are not communicated or explained to the client.  Asking questions and engaging in a dialogue about your concerns can often alleviate them.  Tell your attorney directly that you would like more explanation about the issue. 
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​What if I can’t get a hold of my attorney?

​If you have tried to reach your attorney multiple times by telephone without success and more than a week has transpired since anyone has returned your messages, I suggest visiting the office in person.  At this point, you should keep a record of your attempts to contact him or her.  If you are still unsuccessful, another attempt should be made by writing a letter to your attorney indicating your previous attempts at contact and requesting an immediate response.  Include the best time and method in which to reach you and send the letter certified with return receipt requested.  If another week transpires and no effort has been made to contact you, you should consider whether you want to continue your engagement and whether a complaint with the attorney disciplinary commission would be justified.  
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​What if my attorney won’t give me back my papers?

​The documents in your case file will be categorized differently depending on your state’s rules.  Generally speaking, you have a right to the documents in your case file excluding the attorney’s working notes and any documents that have not been paid for.  If your verbal request for a copy of your case file is denied, immediately write a letter 
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​Can I fire my attorney at any time?

​You can always fire your attorney and you can do it at any time.  Depending on your case, the attorney may need to seek approval from the judge before withdrawing and substitute counsel may be required before permission is granted.  If this situation applies in your case, charges may accrue to the extent the attorney is seeking withdrawal and consequential consultation with substitute counsel.
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How do I file a complaint against an attorney?


 Complaints can be filed with the attorney disciplinary commission in your state.  Search for the appropriate agency online and check their website for instructions.  If you cannot find the name of the appropriate agency through an internet search engine, you can contact the Clerk of the Supreme Court of your state or your state bar association to ask.  Complaints made for valid reasons will prompt the agency to investigate the matter to determine if there is any breach of professional responsibility or duty owed to the client.  The agency has the authority to take disciplinary action if warranted but this will not provide you with any personal financial relief in your case.  The investigation undertaken by the appropriate agency is a wholly separate proceeding from your case, which purpose is to assess the attorney’s professional conduct and not to determine the merits of your case.
 
In Illinois, the appropriate agency is the Illinois Attorney and Regulatory Disciplinary Commission whose website is www.iardc.org.

In Indiana, the appropriate agency is the Indiana Supreme Court Disciplinary Commission whose website is www.in.gov/judiciary/discipline/
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